Terms & Conditions
The Impact Connect USA, Digital Marketing Company, Advertising Program Terms are here under, entered into by the customer. By signing these Terms or any document that refers or accepts these Terms electronically, the customer accepts the Terms and conditions attached to them and set up by Impact Connect USA in respect of the services provided. These Terms govern Search Engine Optimization, Pay Per Click, Local Business Listing, Conversion Rate Optimization and Web Design & Development campaign(s) offered by Impact Connect USA (hereinafter, ‘Campaign’) in the scope of this document, described in your Search Engine Marketing Campaign, executed by and between Impact Connect USA and Customer. All parties hereby agree and acknowledge:
Campaign use is subject to all applicable Impact Connect USA ad specification requirements and policies. Policies may be modified any time. Customer shall direct communication only to Impact Connect USA regarding Customer’s Internet Advertising Campaign outlined on www.wordpress-490292-1675491.cloudwaysapps.com website by fax or email to firstname.lastname@example.org. Impact Connect USA reserves the rights to modify ad description and wording to comply with any Policies related to our Search Engine Optimization (SEO), Pay Per Click (PPC), Local Business Listing (LBL), Conversion Rate Optimization (CRO) Advertising and Website Development and Designing.
2.1) Search Engine Optimization (SEO) Campaign:
(Section 1) Keyword and Website Access:
After a customer enters into an SEO Contract with Impact Connect USA, customer has to provide Impact Connect USA (Customer Care Department) with certain required information for the purpose of selection of keywords. This information includes a blank form which customer is required to fill in and send back to Impact Connect USA (Customer Care Department) at: email@example.com within maximum 7 business days time after the initial payment date. If information is delayed more than 7 days then contractual period will be accordingly extended. If customer does not provide the information within 2 weeks time then Impact Connect USA reserves the right to use keywords best match to customer’s services/products & geographical target market as described on the customer’s website or during sales. Customer will be informed with this selection either via email or via fax. Impact Connect USA reserves the right NOT to change the keywords 1 week after the selection both in case keywords were selected by the customer or by Impact Connect USA. Although customer can always add keywords to existing SEO campaign but extra charges will be applied as per decided with the Impact Connect USA Representative.
Predefined SEO packages as published on www.wordpress-490292-1675491.cloudwaysapps.com only cover Local Keywords (Combination of search term with a city name; for example “Real Estate Toronto”). If customer wishes to run SEO campaign with Generic keyword/keywords after selecting one of the predefined package then Contractual timeframe and SEO fee will be revised as per decided with Impact Connect USA Representative.
On-Site SEO services can be performed only after client provides website access. Customer also has to provide any access associated with website required for SEO purpose by Impact Connect USA within 7 business days. If this information is delayed by the customer then contractual timeframe will be accordingly extended. If customer is unable to provide access due to any reason then customer is responsible for all the changes/additions required by Impact Connect USA. If customer delays any of the changes/additions then contractual time period will be extended accordingly. If customer does not provide the access OR unable to make the changes/additions as required by Impact Connect USA within 30 days time from of date of sign up then contract will be automatically terminated and NO Refunds will be processed to the customer. Impact Connect USA will not be responsible for organic listing appearance, if URL supplied by customer is not in working condition, as it will be automatically filtered out by the search engine.
If URL supplied by the customer is not in working condition anytime during the contractual timeframe then Impact Connect USA will not be held responsible for any decline in ranking as this will be automatically filtered by search engines.
(Section 2) Local Business Listings Placements:
For activation of Local Business Listings, Customer must supply Impact Connect USA with the activation code (PIN) received in mail OR by phone in order to activate the listing. Customer has to provide the PIN within (15) days after receiving it. If customer does not provide Impact Connect USA the PIN within 15 days of receiving it then Impact Connect USA will not be held responsible for the Rankings within Contractual duration. The Local Business Listings will only be advertised in a single geographical area and placed according to Customer’s specific industry. Impact Connect USA does not guarantee specific position(s) of the Customer’s website in the search engines, but doing all reasonable and legitimate effort to move Customer’s Local Business Listing and website to the highest position possible in the Search Engine Results.
(Section 3) Website Changes:
Impact Connect USA reserves the right to make changes/addition both on back end (source code) of any page(s) and front end on any page(s) in content on customer’s website. This includes making changes/additions in meta tags and page headers, anchor tags, XML sitemaps, Robots.txt files, images and content and any other coding which is required as per Impact Connect USA SEO strategy. If any of the said changes/additions are later altered /deleted by the customer anytime within contractual duration then Impact Connect USA will not be held responsible for a decline in Ranking by search engines. If customer changes any of the mentioned work done by Impact Connect USA anytime during the contractual timeframe and due to decline in ranking or no decline in ranking, customer again wishes Impact Connect USA to redo any of the mentioned tasks then either the Contractual time period will be accordingly extended with same payment terms or customer has to pay extra fee for the changes.
If customer requires/suggests any changes/additions in any of the work done by Impact Connect USA for SEO purpose then customer has to email: firstname.lastname@example.org, Call: 1-888-icusa-01 (1-888-428-7201) Impact Connect USA (Customer Care Department).
(Section 4) Submissions:
During SEO process Impact Connect USA reserves the right to advertise/use/promote customer’s name, customer’s company name, customer’s website, phone number, address and social media pages, pictures/videos on customer’s website on any of the online sources mentioned in the contract. If any of the content/pictures/video on from customer’s website does not own copyrights and yet advertised by Impact Connect USA for SEO purpose, Impact Connect USA will not be held responsible for any legal actions against the customer.
(Section 5) Reporting and Performance Analysis:
Impact Connect USA sends its clients initial ranking report within 24-48 hours of selection of keywords. Initial report consists of natural ranking against the selected keywords for customer’s website on major search engines (Google, Yahoo, and Bing) and it is created before commencement of SEO Campaign. Ranking may vary on or after the report creation date. For performance analysis purpose Impact Connect USA sends its clients Monthly Ranking Report on 5th OR 20th of every month. Date of monthly ranking report for a customer will be decided by Impact Connect USA upon sending the initial ranking report.
The parameter of this decision is based on number of days closest of 30 between initial ranking report and monthly ranking report. Monthly ranking report displays natural ranking of selected keywords on major search engines (Google, Yahoo, Bing) and number of services delivered during the time from last report. Ranking may vary on or after the report creation date. Customer may request to Impact Connect USA Customer Care Department to acquire the links to blogs/articles/submissions.
Customer may also acquire Google analytics report by sending a request through email to Impact Connect USA customer care department. Request will be honored within 24-48 hours.
(Section 6) Payments:
Customer shall be responsible for all charges up to the amount of Search Engine Marketing Campaign, or as set in the contract, and shall pay all charges in U.S. or Canadian Dollars. In case of declined/missing payment, all work on customer’s account will be temporary suspended after 2 days of payment decline date. In case of a declined payment, customer will be sent an email notification the very same day. Customer must provide payment within 7 days of the email notification.
If payment is not provided within 7 days, the account will be cancelled. This would be referred to as an automatic cancellation. A full cancellation fee will be paid by the customer as described in Section 8 in case of an automatic cancellation. Impact Connect USA reserves the right to a legal action against the Customer for any outstanding balances. Customer is responsible for paying all taxes, government charges, and reasonable expenses and attorneys fees Impact Connect USA incurs collecting outstanding amounts. To the fullest extent permitted by law, Customer waives all claims relating to charges unless claimed within 30 days after the charge. Charges are solely based on Impact Connect USA measurements for the applicable Campaign, unless otherwise agreed to in writing.
Impact Connect USA reserves the right to process monthly payments 7-10 days in advance from regular payment date in case of an event of long holidays including Christmas holidays. Payments falling within the Christmas holidays can be processed 7-10 days prior to regular payment date.
Customer acknowledges and agrees that any credit card and related billing and payment information that Customer provides to Impact Connect USA may be shared by Impact Connect USA with companies who work on Impact Connect USA behalf, such as payment processors and/or sales agents, solely for the purposes of effecting payment to Impact Connect USA and servicing Customer’s account. Impact Connect USA may also provide information in response to all valid legal processes, or to establish or exercise its legal rights or defend against legal claims. Impact Connect USA shall not be liable for any use or disclosure of such information by such third parties.
(Section 7) Renewal:
All terms and conditions of Impact Connect USA are applied to renewals. Search Engine Marketing Campaign is subject to automatic renewal under same terms and conditions as specified in original agreement for the same duration as specified in original contract except the set up fee and payment amount. Payment information (Billing information) specified in the contract will be used for purpose of payment for renewal. Renewals are subjected to a discount on payments which is described in the Section 6. Customer needs to send Impact Connect USA a written request 7 days prior via email or via fax in case automatic renewal is not required.
(Section 8) Cancellation:
Within first 24 hours from the moment payment is received, customer may cancel the SEMC (Search Engine Marketing Campaign). Customer must request cancellation in writing by email to email@example.com or by Call 1-888-icusa-01 (1-888-428-7201). Customer will be entitled for a full refund. If customer wishes to cancel the contract after first 24 hours then NO Refunds will be processed.
If customer requests a cancellation beyond 24 hours of sign up dead line they may do so by sending an email at firstname.lastname@example.org OR via Call 1-888-icusa-01 (1-888-428-7201). In this case NO refunds will be processed by Impact Connect USA and customer will have to pay cancellation fee. Cancellation fee is 20% of total payment as per contract signed by the customer. Monthly fees will be charged for all completed months, all incomplete month will be rounded up to the next complete month, and the services will be provided in full for all paid months unless requested by client. The request to stop services before the completion of prepaid months does not qualify in any additional refunds. There is no Money Back Guarantee.
In case selected key phrases of a Search Engine Marketing Campaign (SEMC) are appearing on the first page of Google in full OR in partial, any time after first 24 hours of sign up with Impact Connect USA AND customer wishes to cancel the service then Cancellation fee will be higher of 20% of total package price (as on the contract) OR remainder of the total package price (as on the contract) still payable by the customer.
Renewed SEMC’s may cancel any time by paying cancellation fee of 20% of total renewed package price.
2.2) Local Business Listing (LBL)
Impact Connect USA will create Customer’s Local Business Listing in the contracted search engines as well as optimize and promote Customer’s website through Internet Search Engines and/or Social bookmarks and/or Web directories and/or Link Building Services and/or Article/Blogs Distribution (as states in the contract). Impact Connect USA may take up to thirty (30) calendar days from the payment date to process the data entry and to activate contracted service for the client.
For activation of Local Business Listings, Customer must supply Impact Connect USA with activation code received in the mail or by phone in order to activate the listing (search engine specific). Impact Connect USA reserves the right to refuse Local Business Listing creation with specific keyword within first thirty (30) days after activation due to inability to fulfill Local Business Listing due to reasons unrelated to Impact Connect USA. Impact Connect USA may substitute the keywords to generally accepted keywords or by modifying spelling to fulfill the contractual obligation under Local Business Listings (LBL) Package.
The Local Business Listings will only be advertised in a single geographical area and placed according to Customer’s specific industry. Local Business Listing Advertising in additional geographical areas can be created under a new Advertising Package. Impact Connect USA is not responsible for accuracy of information provided by the customer. Impact Connect USA does not guaranty the appearance on the ad outside the country of the advertised geographical location, due to language and regional settings.
Impact Connect USA does not guaranty specific position(s) of the Customer’s website in the search engines, but doing all reasonable and legitimate effort to move Customer’s Local Business Listing and website to the highest position possible in the Search Engine Results. Images and Video content supplied are not guaranteed to appear due to possibility of technical issues unrelated to Impact Connect USA. Impact Connect USA does not guarantee appearance of the ad, if URL supplied by customer is not in working condition, as it will be automatically filtered out by the search engine.
2.3) Pay Per Click (PPC)
i) Pay per click (PPC) Limited
Impact Connect USA will create new or manage existing customer’s Search Engine Advertising Account, provided customer grants full access. Impact Connect USA will maintain the account optimized for maximum performance to the best of its abilities. Impact Connect USA DOES NOT GUARANTEE ANY DIRECT ON INDIRECT RESULTS FROM THE ADVERTISING SERVICES, including but not limited to increases in sales, enquiries, overall business performance and website statistics. Impact Connect USA also does not guarantee or cannot influence any changes in costs associated with customer account done by the Search Engines.
Client must return completed questioner to Impact Connect USA, in order to begin activation of Services. Failure by Client to return the questioner within same billing cycle resulting in cancellation of Services will be subject to administrative charges described in Cancellation Section of these Terms. Services are to be activated within five (5) days for receipt of questioner.
In the event when client is not satisfied with Services provided by Impact Connect USA to customer, customer may receive monetary compensation less or equivalent to Management fees paid in specific billing cycle. Clients may request changes to be done on the account by sending email to www.wordpress-490292-1675491.cloudwaysapps.com to a maximum of 3 times in any given billing cycle.
Advertising Budgets will be prepaid to Search Engine prior to account activation or on first day of new billing cycle. Budget changes will be done with automatic deductions of 25% for Management fees. Content Network and Remarketing Services will take a minimum of tree (3) weeks from the date of receipt of payment for set up fees to activate services, provided Search Engine accepts and approves the account. In event when successful submission is questionable, Impact Connect USA will advise client to cancel services without any penalties or cancellation fees, details are stated in Cancellation Section of these Terms.
Content Network and Remarketing Services require FTP access to client’s site or ability for client to add code to site. Content Network and Remarketing clients will have banners presented for their approval prior to beginning of services, Client will have a choice of one revision, where the client must state required changes to the graphical Components of the banner, and all additional revisions will be subjected to $50 fee per revision. Client must approve banner within minimum activation period of 3 weeks, all time spent to approve the banner beyond reasonable, will be added to the minimum activation time, and Impact Connect USA will not be held liable for delay in activation.
Client has the option of supplying own banners in specified formats. Customer upon termination of services may own Impact Connect USA created account, after a successful transfer of owner on the account and payment of transfer fees, stated in the Cancellation Section of this agreement. Impact Connect USA may reject or terminate any Services at any time for Customer’s failure to provide payment. Impact Connect USA will not carry any responsibility for budgets if clients interfere in account management.
ii) Pay per click (PPC) Unlimited
Impact Connect USA will place Customer’s URL in the Internet search results table, as outlined in the Search Engine Advertising Campaign Contract or SEACC Agreement for the specific keywords outlined in the SEACC Agreement, and will guarantee unlimited number of clicks for the specified keywords at fixed price and the duration of the term.
If Impact Connect USA is unable to maintain/display ads of the Customer’s URL in the search result table for the specified keywords, the Customer is entitled to receive time credits at the end of the term equal to double amount of the time during which the ad was not maintained/displayed. Customer must notify Impact Connect USA regarding issues in writing via email to www.wordpress-490292-1675491.cloudwaysapps.com. The down time will be calculated from the date when the email notice is received and until the date when the ad was restored. With respect to monthly SEACC Agreement, Impact Connect USA may send Customer an email notifying Customer that the monthly term must be changed to yearly term in order to maintain customerРІ’s ad positions beyond the next renewal for the keywords and settings specified in the current SEACC Agreement.
The account is deemed approved by Customer after the modified SEACC Agreement is signed. Customer grants Impact Connect USA permission to utilize an automated software programs to retrieve and analyze websites associated with the Campaign for ad quality and serving purposes. Impact Connect USA may reject or terminate any Campaign at any time for Customer’s failure to provide payment.
2.4) Conversion Rate Optimization (CRO)
Development of copy is accomplished via Impact Connect USA Web Development interviewing the client about the topic areas to be addressed on their web pages. Impact Connect USA then composes appropriate copy, submits to the client for review, edit, and approval. Approved copy is then posted to the web pages. The monthly charges per resource are inclusive of project manager supervision, technical support, infrastructure cost and local taxes. There are no other additional hidden charges involved and no conditions applied. Any leaves (exclusive of Saturday, Sunday and other company holidays) will be covered by working extra hours during the month or successive months without any.
2.5) Website Design & Development (WEB)
Homepage Design – Once site design is signed off on (via email consent), design is considered approved. Any subsequent changes to design are billable at our standard hourly rate.
Navigation – Once site outline/map is signed off on (via email consent), site navigation is considered approved. Any subsequent changes to navigation are billable at our standard hourly rate.
Content – Provision of content is customer’s responsibility.
Text content – Copy for all website pages/links needs to be delivered as one electronic, proof-written batch. Two rounds of revisions will be provided free of charge. Subsequent revisions will be billable at our regular hourly rate.
Copy development –Development of copy is accomplished via Impact Connect USA Web Development interviewing the client about the topic areas to be addressed on their web pages. Impact Connect USA then composes appropriate copy, submits to the client for review, edit, and approval. Approved copy is then posted to the web pages.
Graphical content – Images outside of the website design must be provided in digital form or in a form that can be easily scanned, unless otherwise provided for in customer’s contract.
Database Implementation – Entry of data for database applications is considered client’s responsibility. Entry of data by Impact Connect USA is billable, unless otherwise provided for in customer’s contract.
Email – We offer free domain-based email accounts to our clients.
Training – For websites with administrative backends, training sessions will be provided.
Techinical Support – We offer local, in-house phone support to our clients. We do not normally bill for technical support depending on the problem’s fault, severity, and time invested.
Prohibited Uses; License Grant; Representations and Warranties.
Customer shall not advertise personally and shall not authorize any party to advertise anything illegal or engage in any illegal or fraudulent business practice. Customer represents and warrants that it holds and hereby grants Impact Connect USA all rights (including without limitation any copyright, trademark, patent, publicity or other rights) in formulating the keywords and advertisement needed for Impact Connect USA to operate Internet’s advertising campaigns for Customer in connection with this Agreement. Customer represents and warrants that all Customer information is complete, correct and current; and Customer’s Services or product will not violate or encourage violation of any applicable laws, regulations, code of conduct, or third party rights, including, without limitation, intellectual property rights. Violation of the foregoing may result in immediate termination of this Agreement or customer’s account without notice and may subject Customer to legal penalties and consequences.
Disclaimer and Limitation of Liability.
To the fullest extent permitted by law, IMPACT CONNECT USA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE, EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND CUSTOMER’S BREACHES OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO CUSTOMER’S BUSINESS, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO IMPACT CONNECT USA BY CUSTOMER FOR THE AGREEMENT GIVING RISE TO THE CLAIM.
Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including but not limited to acts of God, government, terrorism, natural disaster, labour conditions and power failures. The parties agree that this is a continuing indemnity which shall remain in full force until it is terminated.
Customer represents and warrants that it is authorized to act on behalf of and has bound to this Agreement any third party for which Customer advertises.
Customer also agrees and covenants to indemnify and save Impact Connect USA harmless from and against any and all third party claims, demands, actions and causes of action which may be made or brought against Impact Connect USA or the Customer or both in respect of SEMC or breach thereof, as well as Campaign conducted by Impact Connect USA, and from and against all damages, loss, cost, including legal costs on a solicitor and client basis, liability or expenses which the Customer may suffer or incur as a result of or in respect of the Campaign.
The Agreement is governed by laws of Ontario, Canada. The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any other applicable agreements, terms and conditions applicable to the subject matter hereof. Any conflicting or additional terms contained in additional documents (e.g. reference to a purchase order number) or oral discussions are void. Each party shall not disclose the terms or conditions of these Terms to any third party, except to its professional advisors under a strict duty of confidentiality or as necessary to comply with a government law, rule or regulation. Customer may grant approvals, permissions, extensions and consents by email.
Any notices to Impact Connect USA must be sent to www.wordpress-490292-1675491.cloudwaysapps.com with read receipt confirmation. Notice to Customer may be effected by sending email to the email address specified in Customer’s account, and is deemed received when sent. A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties’ intention and only to the extent necessary to make them enforceable, and remaining provisions of the SEMC will remain in full effect. Customer may not assign any of its rights hereunder and any such attempt is void.
Within first 24 hours from the moment payment is received, customer may cancel the SEMC (Search Engine Marketing Campaign). Customer must request cancellation in writing by email to email@example.com or by Call 1-888-icusa-01 (1-888-428-7201)